In re Byron
Supreme Court of Vermont
Habeas Corpus. Heard on respondent’s motion to dismiss, and then on the merits, at the April Term, 1909, Essex County, Miles, J., presiding.
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Habeas Corpus. Heard on respondent’s motion to dismiss, and then on the merits, at the April Term, 1909, Essex County, Miles, J., presiding. Motion to dismiss overruled, and judgment, pro forma, that the relatrix be discharged from the custody of the respondents, and committed to the care of the sheriff of Essex County pending the disposition of the case in Supreme Court; and, upon failure of the contestants to prosecute their exceptions, that the relatrix be committed to the custody of her mother. The respondents excepted. The opinion states the case. The motion to dismiss is defective for…
1Opinion of the CourtPowers, J.
The relatrix, a child four years of age, is the illegitimate daughter of Cassie Jordan, who brings this petition for a writ of habeas corpus as next friend. The putative father of the relatrix is one Joseph Byron. For several years these parties, though unmarried, lived together as man and wife, during which time the relatrix was born. Later on, during the temporary absence of the mother, Byron took the child and disappeared and has ever since kept it secreted from the mother, though she vainly sought to discover its whereabouts. Finally, the mother found the child in the custody of the…
2Cases cited9 opinions
- Marshall v. ReamsSupreme Court of Florida · 1893
- Robalina v. ArmstrongNew York Supreme Court · 1852
- People ex rel. Davenport v. KlingNew York Supreme Court · 1849
- Brown v. MudgettSupreme Court of Vermont · 1868
- Nye v. Burlington & Lamoille R. R.Supreme Court of Vermont · 1887
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3Cited by5 opinions
- In re S.B.L.Supreme Court of Vermont · 1988
- Rutland Railway, Light & Power Co. v. WilliamsSupreme Court of Vermont · 1916
- In Re SBLSupreme Court of Vermont · 1988
- Peck v. LegranadeSupreme Court of Vermont · 1920
- Todd v. PelosoCourt of Appeals of Arkansas · 1984